header-logo header-logo

Practice

25 November 2010
Issue: 7443 / Categories: Case law , Law digest
printer mail-detail

C v D and another [2010] EWHC 2940 (Ch), [2010] All ER (D) 176 (Nov)

A time-limited offer was not capable of being a CPR 36 offer, as the structure of Pt 36 in general—and the provisions of CPR 36.2(2) and CPR 36.14(6) in particular—established that an offer had to be capable of acceptance unless and until withdrawn by service of a notice within CPR 36.9(2). CPR 36.9(2) provided a strong indicator of the sort of offer with which Pt 36 was concerned. The indicator was that it was an offer which was at least capable of being withdrawn and was not one which came to an end according to its own terms. Under CPR 36.14 there was a severe costs sanction placed on a defendant who did not accept a Pt 36 offer where there was judgment against the defendant which was at least as advantageous to the claimant as the proposals contained in a claimant’s Pt 36 offer.

That sanction did not apply where the Pt 36 offer had been withdrawn or where the terms had been

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll